Bill Text: NY S01615 | 2025-2026 | General Assembly | Introduced
Bill Title: Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2025-01-28 - 2ND REPORT CAL. [S01615 Detail]
Download: New_York-2025-S01615-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1615 2025-2026 Regular Sessions IN SENATE January 13, 2025 ___________ Introduced by Sens. BRISPORT, BROUK, JACKSON, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the real property actions and proceedings law, in relation to prohibiting naming dependent children under the age of 18 in petitions to recover possession of real property and eviction warrants and sealing any records pertaining to such children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 741 of the real property actions and proceedings 2 law, as added by chapter 312 of the laws of 1962, the opening paragraph 3 as amended by chapter 583 of the laws of 1979, subdivision 5 as amended 4 by chapter 302 of the laws of 1976, subdivisions 5-a and 5-b as added by 5 section 5 of part HH of chapter 56 of the laws of 2024, subdivision 6 as 6 added by chapter 615 of the laws of 2022, subdivision 7 as added by 7 chapter 579 of the laws of 2023 and subdivision 8 as amended by chapter 8 64 of the laws of 2024, is amended to read as follows: 9 § 741. Contents of petition. 1. The petition shall be verified by the 10 person authorized by section seven hundred twenty-one of this article to 11 maintain the proceeding; or by a legal representative, attorney or agent 12 of such person pursuant to subdivision (d) of section thirty hundred 13 twenty of the civil practice law and rules. An attorney of such person 14 may verify the petition on information and belief notwithstanding the 15 fact that such person is in the county where the attorney has [his] an 16 office. Every petition shall: 17 [1.] (a) State the interest of the petitioner in the premises from 18 which removal is sought. 19 [2.] (b) State the respondent's interest in the premises and [his] the 20 respondent's relationship to petitioner with regard thereto. 21 [3.] (c) Describe the premises from which removal is sought. 22 [4.] (d) State the facts upon which the special proceeding is based. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01533-01-5S. 1615 2 1 [5.] (e) State the relief sought. The relief may include a judgment 2 for rent due, and for a period of occupancy during which no rent is due, 3 for the fair value of use and occupancy of the premises if the notice of 4 petition contains a notice that a demand for such a judgment has been 5 made. 6 [5-a.] (f) Append or incorporate the notice required pursuant to 7 section two hundred thirty-one-c of the real property law, which shall 8 state the following: (i) if the premises are or are not subject to arti- 9 cle six-A of the real property law, the "good cause eviction law", and 10 if the premises are exempt, such petition shall state why the premises 11 are exempt from such law; (ii) if the landlord is not renewing the lease 12 for a unit subject to article six-A of the real property law, the lawful 13 basis for such non-renewal; and (iii) if the landlord is increasing the 14 rent upon an existing lease of a unit subject to article six-A of the 15 real property law above the applicable local rent standard, as defined 16 in subdivision eight of section two hundred eleven of the real property 17 law, the justification for such increase. 18 [5-b.] (g) If the petitioner claims exemption from the provisions of 19 article six-A of the real property law pursuant to subdivision one of 20 section two hundred fourteen of the real property law, append or incor- 21 porate the information required pursuant to subdivision one of section 22 two hundred fourteen of the real property law. 23 [6.] (h) In the city of Albany, where the premises from which removal 24 is sought is subject to a local law requiring the registration of said 25 premises as a condition of legal rental, allege proof of compliance with 26 such local law. 27 [7.] (i) In the city of Newburgh, where the premises from which 28 removal is sought is subject to a local law requiring the registration 29 of said premises as a condition of legal rental, allege proof of compli- 30 ance with such local law. 31 [8.] (j) In the city of Syracuse, where the premises from which 32 removal is sought is subject to a local law requiring the registration 33 of said premises as a condition of legal rental, allege proof of compli- 34 ance with such local law. 35 2. No dependent children under the age of eighteen living in the same 36 household with a parent or guardian shall be named in the petition. 37 § 2. Subdivision 1 of section 749 of the real property actions and 38 proceedings law, as amended by section 19 of part M of chapter 36 of the 39 laws of 2019, is amended to read as follows: 40 1. Upon rendering a final judgment for petitioner, the court shall 41 issue a warrant directed to the sheriff of the county or to any consta- 42 ble or marshal of the city in which the property, or a portion thereof, 43 is situated, or, if it is not situated in a city, to any constable of 44 any town in the county, describing the property, stating the earliest 45 date upon which execution may occur pursuant to the order of the court, 46 and commanding the officer to remove all persons named in the proceed- 47 ing, provided upon a showing of good cause, the court may issue a stay 48 of re-letting or renovation of the premises for a reasonable period of 49 time; provided further, however, that no dependent children under the 50 age of eighteen living in the same household with a parent or guardian 51 shall be named in the warrant. 52 § 3. Section 749 of the real property actions and proceedings law is 53 amended by adding a new subdivision 4 to read as follows: 54 4. In the event that a warrant is issued pursuant to subdivision one 55 of this section and any persons are removed from a property, any records 56 pertaining to dependent children under the age of eighteen living in theS. 1615 3 1 same household with a parent or guardian who were residing on or removed 2 from such property shall be sealed and deemed confidential. No disclo- 3 sure or use of such information relating to dependent children under the 4 age of eighteen who were residing on or removed from such property shall 5 be authorized, and the use of such information shall be prohibited. 6 § 4. This act shall take effect immediately; provided, however, that 7 the amendments to paragraphs (f) and (g) of subdivision 1 of section 741 8 of the real property actions and proceedings law made by section one of 9 this act shall not affect the repeal of such paragraphs and shall be 10 deemed repealed therewith.
